Living in relative's house for free? You can't later claim tenancy rights, Gujarat HC rules
The Gujarat High Court ruled that individuals allowed to reside in a relative's home rent-free cannot claim tenancy rights over the property. The court emphasized that written agreements take precedence over oral claims of tenancy.
Why it matters
This ruling provides legal clarity for property owners regarding informal housing arrangements with relatives.
NEW DELHI: The Gujarat high court has held that a person allowed to live in a relative's house out of goodwill, without paying rent, cannot later claim tenancy rights over the property. In its July 3 order, the court noted that oral claims cannot override what a signed agreement clearly says.What was the issueSawaisinh Devisingh Chauhan, a relative of house owner Yashwantsinh Mahansinh Rathod, was allowed to move into Rathod's house in Motera, Gandhinagar, in 2005. Chauhan was then working at Torrent Electricity Company and about to retire, and was looking for a place to stay. Out of family goodwill, Rathod let him live there for two years, rent-free, with the understanding that Chauhan would leave once he found another home of his own.
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